Real Property Law Section 235-b imposes an implied warranty of habitability in every residential lease. Premises must be fit for human habitation and free of conditions dangerous to life, health, or safety. The right cannot be waived, and tenants may recover rent abatement for breaches.
Under RPL Section 235-b, every residential lease carries an implied warranty that the premises are "fit for human habitation and for the uses reasonably intended" and that occupants will not be "subjected to any conditions which would be dangerous, hazardous or detrimental to their life, health or safety." It covers the unit and common areas but not conditions caused by the tenant. Courts may award damages, typically as a rent abatement measured by the reduction in rental value, without requiring expert testimony. Any lease provision waiving the warranty is "void as contrary to public policy." For rent-regulated units, awards are reduced by any rent reduction already ordered by housing authorities for the same condition.
Tenants may sue for rent abatement and damages reflecting the reduced rental value during the defective period; courts may also order repairs. Waivers of the warranty are void.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Huntington, NY
Construction and power tool use in Huntington is limited to 7 AM to 7 PM weekdays and 9 AM to 7 PM Saturdays under Chapter 141. No construction permitted Sun...
Huntington, NY
Huntington Town Code Chapter 67 (Animals) and Chapter 141 prohibit habitual barking that disturbs neighbors. Complaints go to the Town Animal Shelter or Suff...
Huntington, NY
Aircraft noise in Huntington is preempted by the FAA. Republic Airport (FRG) in East Farmingdale and helicopter routes over the North Shore are common concer...
Huntington, NY
Huntington Town Code Chapter 141 (Noise) sets quiet hours from 10 PM to 7 AM weekdays and 10 PM to 9 AM weekends. Unreasonable noise audible beyond property ...
Huntington, NY
Huntington restricts leaf blower use to weekdays 8 AM to 6 PM and weekends 9 AM to 5 PM. Gas blowers are permitted but must meet manufacturer noise specs und...
Huntington, NY
Commercial establishments in Huntington Village and Route 110 corridor must contain noise within property lines. HVAC, deliveries, and dumpster pickups restr...
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